COMMON LEGAL QUESTIONS

If you have been injured in Florida and are unsure about how your injury may effect you, consult with an experienced personal injury attorney as soon as possible. Make sure this is done before you give any official statements or sign papers of any kind. Florida laws require filing a lawsuit within a specific period of time. Depending upon the circumstances of your case, you may be prohibited from filing a lawsuit and obtaining any compensation for your injuries. Our attorneys can advise you on the applicable statute of limitations for your injury case and help you pursue a claim to compensate you for your injuries.

Personal injury is any physical or mental injury to a person that results from another person’s negligence or harmful act. Personal Injury involves civil law cases as opposed to criminal law cases which involve a defendant and the State of Florida. Personal injury often refers to bodily injury and can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:

• Auto Accidents
• Attacks on some one elses’ property (business or residential)
• Other Vehicle Accidents (Aviation, Bicycle, Boat, Motorcycle, Railroad, Truck)
• Burn Accidents
• Construction/On the job Accidents
• Dangerous or Defective Products
• Dog/Animal Bites
• Medical Malpractice (Birth Injuries, Misdiagnosis, Surgical Negligence)
• Nursing home abuse and Neglect
• Slip and Fall Accidents/Premise Liability
• Spinal Cord Injury
• Toxic Exposure
• Traumatic Brain Injury
• Wrongful Death

In Florida, attorneys who handle personal injury claims are usually paid on a contingency basis. This means that you don’t have to pay anything unless and until we win your case. Our fees will be deducted from your settlement or award. If there is no recovery, our firm does not get paid. Also, we will not charge you for any costs if there is no recovery.

Florida personal injury lawsuits can vary in length from weeks to years in some instances. We need to thoroughly investigate your claim to make sure you get all the money you are entitled to receive.

If the insurance company agrees to pay what we believe your case is worth, and you wish to settle for that amount, then you don’t have to go to court. Some personal injury lawyers just try to settle your claims quickly and do not want to go to trial. If the insurance company refuses to pay the acceptable amount, then we have to proceed in court. Our experienced Florida accident lawyers know how much you’re entitled to and we make sure you’re fairly compensated for your injuries and losses.

Personal injury accident victims are entitled to recover monetary damages for all losses and expenses sustained as the result of an accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:

• Medical bills
• Lost income, including overtime wages
• Pain & Suffering
• Physical Disability
• Disfigurement
• Emotional Trauma
• Mental Disability
• Property Damage

Compensatory damages "compensate" the injured person for various kinds of losses or damages. These may also be referred to as “actual damages.” The courts do not allow attorneys to argue that the award should be what a juror would want if they had your injury, but the instructions call for “reasonable” compensation, intended to make you whole, but not punish the wrongdoer.

Do not have your automobile or motorcycle fixed until you have obtained photographs of the damage sustained by it. These do not have to be elaborate photographs, any camera will do. After pictures have been taken, get a written estimate for repair, and send these items to our office along with a photocopy of the check from your insurance carrier for repairs. If you like, our staff will assist you in making arrangements to have an insurance carrier pay for repairs, get you reimbursed for rental car charges. If your car is rendered a total loss, will we make the insurance carrier pay you a fair value

Please retain all bills which relate to your accident, including all hospital bills, doctors’ bills, prescriptions, therapy, and anything used to assist in your rehabilitation (i.e. wheelchair, canes, crutches, slings, etc.). We will have your automobile insurance carrier pay as many hospital and doctor bills as possible under the medical payment provisions of your P.I.P. policy. In slip and fall cases, you should have any private or group insurance pay as many bills as possible.

You are advised to keep a complete record of all lost wages. Even if you are pain, this time has probably been deducted from your sick leave and you are entitled to claim this as lost wages. Our office can provide you with a form for your employer to fill out relative to your time lost, your rate of pay, the hours you work, your average weekly salary, as well as any losses suffered as a result of this accident. We will use this completed form, and your doctor’s opinion on whether you can work, to pursue recovery of your lost wages.

Before making any report to your insurance company, please consult your attorney on the report to be made concerning liability, medical payment coverage, property damage, etc. Our firm will assist you in making a claim and guide you through this often difficult process.

Most businesses and homeowners carry liability insurance to protect them in the event that someone is injured while on their property. The owner or possessor of a residence, land or place of business has the duty to exercise reasonable care for the protection of those individuals who are invited to come upon the premises; i.e. individuals visiting for business or pleasure. In such cases, the owner, company or person must inspect the premises to discover any dangerous conditions and warn you of dangers upon said premises. Those injured by a negligent owner or possessor of property may recover damages for their injuries, including loss of income, medical expenses, pain and suffering, etc.

When a motor vehicle accident occurs, it is important that certain action is taken. The name and address of the operator of each vehicle should be obtained. Additionally, the name and address of the owner of each vehicle involved should be obtained and license plate numbers of all vehicles should be recorded. Lastly, the name of the automobile insurance company for each vehicle should be obtained. If possible, obtain the names, addresses and telephone numbers of any witnesses to the accident.

If there has been any type of injury, the police should be called to investigate the accident. The police officer will write a report which includes the details of the accident and the nature and extent of any damages and injuries. Insurance companies will require that a report of the accident be obtained before providing any benefits. It is most important to immediately contact your own motor vehicle insurance company to report to them any property damage or personal injury. If you or a family member is injured in a motor vehicle accident, prompt medical attention should be obtained.

Every state has certain time limits, called "statutes of limitations," that govern the period during which you must file a personal injury lawsuit. In some states, for example, you may have as little as one year to file a lawsuit from an automobile accident. When the statute of limitations expires on your case, you simply don't have a case anymore.

Statutes of limitations differ not only from state to state, but also in regard to the kinds of lawsuits involved. In some states the statute of limitations for medical malpractice, suits against governmental agencies, and wrongful death actions is shorter than that for other types of personal injury cases. In general, however, the statute of limitations for personal injury cases in Florida is from two to four years, and the time begins from the date of the accident. If you have been injured in an accident, don’t hesitate, but call an attorney immediately! For more information regarding the limitations for your specific case, please contact our firm.

The State of Florida has special laws enacted for the specific purpose of protecting the elderly population (over 65) and dependent adults. These laws were designed to encourage victims and their attorneys to pursue legal cases against all persons or entities that abuse or neglect this vulnerable segment of society. Elder, disabled and dependent adults depend on nursing homes to provide most if not all of their daily care, which includes food, water, medicine, toileting, grooming, social and physical stimulation, as well as regularly being turned in their beds. However, because nursing homes are not sufficiently staffed, and the staff there is generally underpaid, millions of elder and dependent adults are currently being neglected and abused. Signs of nursing home abuse and neglect include:

• Bed sores (pressure sores, decubitus ulcers)
• Burns
• Rapid weight loss
• Unexplained bruises
• Emotional withdrawal
• Malnutrition or dehydration
• Heavy sedation
• Inability of caretakers to explain patient’s condition

Whether it is a single incident that causes injury or recurrent neglect or abuse, the victim or his/her next of kin has a right to bring claims against the nursing home under the nursing home neglect laws. If the nursing home is found to be negligent or abusive, the victim and/or next of kin will generally be awarded monetary compensation and the nursing home could potentially lose its certification for failing to supply the expected care (leading to a loss of federal funding).

The best prevention of neglect and abuse is attentive family members, who, on an ongoing basis, are aware of the general health of their vulnerable relatives. If you suspect that you or a loved one is or was subject to an abuse or neglect, it is important to report that abuse or neglect right away. Our attorneys have prosecuted many cases involving the abuse or neglect of the elderly and dependent and provide free consultation to any individuals who believe that abuse or neglect may have been committed.

Wrongful death occurs when a person's death was caused by the negligent, willful, or wrongful act, neglect, omission, or default of another, such as careless driving or a deliberate murder. People who depended upon the deceased for financial or emotional support may be entitled to compensation for the wrongful death. The State of Florida has enacted a statute permitting a lawsuit to be brought by the relatives of a person who died as a result of a wrongful act.

Wrongful Death Law provides financial compensation to the family of a person whose death was caused by the negligent, willful or wrongful act of another. Wrongful death cases are filed as a result of a variety of situations, including:

• Medical malpractice resulting in decedent's death
• Neglect or abuse on the part of a nursing home that results in decedent's death
• Automobile, motorcycle, bus, train, airplane or other common carrier fatality accident
• Occupational exposure to hazardous conditions or substances (exposure to asbestos, etc.)
• Death during a supervised activity (sports tournament, field trip, etc.)

Medical malpractice is negligence committed by a professional health care provider-a doctor, nurse, dentist, technician, hospital, or hospital worker-whose performance of duties deviates from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients. Most medical malpractice cases are based on the concept of negligence-that is, the patient was harmed because the health care provider failed to meet the required standards of skill and care, in accordance with generally accepted standards. Instances of malpractice might include cutting off the oxygen supply during surgery, misdiagnosing an injury because routine tests and procedures were not followed, or prescribing an illegal drug or one not approved for the patient’s condition.